Government document fraud is formally known in New York as Offering a False Instrument for Filing. Facing Offering a False Instrument for Filing charges on Long Island can have life-altering consequences. From heavy fines and probation to potential prison time, the stakes are high—and your choice of defense could shape the rest of your life. Long Island white collar crime attorney Ramy M. Louis, a former Nassau County prosecutor, now stands on the defense side, using his insider knowledge and tactical skill to fight for clients accused of this and other complex white-collar crimes.
If you’re charged in Nassau County or anywhere on Long Island, we know the weight of what you’re up against—your freedom, reputation, and future are on the line. Below, we unpack the differences between misdemeanor and felony charges of Offering a False Instrument for Filing in New York, scenarios that lead to these charges, and the severe penalties at risk. See why an attorney with deep knowledge of New York’s criminal justice system can be a powerful ally in safeguarding your rights and defending your future.
Offering a False Instrument for Filing in the Second Degree
- Class A Misdemeanor – Penal Law 170.30
- Consequences: Criminal Record, up to 1 Year in Jail, $1,000 Fine
What is Second Degree Offering a False Instrument for Filing?
This offense occurs when a person knowingly submits a written document with false information to a public office or official. If convicted, a person can face up to a year in jail, a fine up to $1,000, or up to three years of probation in addition to having a permanent criminal record. This is a serious charge, and even a misdemeanor conviction in Nassau County or Long Island can have lasting impacts on your life, affecting employment, housing, and more.
Elements of the Offense:
To be convicted of Offering a False Instrument for Filing in the Second Degree, the prosecution must prove three elements:
- Knowledge of False Information: The individual knew the document contained false statements.
- Presentation to a Public Office: The document was presented to a government entity, such as the DMV.
- Intent for Filing or Recording: The individual knew or believed that the document would become part of a public record.
Example Scenario:
Consider a situation where someone submits a driver’s license application to the Nassau County DMV with inaccurate information. Perhaps they used an altered age to appear older or providing a fake name due to a suspended license. Even if the application is not accepted, just submitting it with the belief that it would be filed with the DMV could lead to charges for Offering a False Instrument for Filing in the Second Degree.
Additional Penalties Under New York Vehicle and Traffic Law §392
Those knowingly filing false documents with the DMV may also face charges under New York Vehicle and Traffic Law section 392. This offense is an unclassified misdemeanor punishable by up to 30 days in jail. If a person also uses a fraudulently obtained license, additional charges could apply, adding layers of legal complexity to their case.
Offering a False Instrument for Filing in the First Degree
- Class E Felony- Penal Law 170.35
- Consequences: Criminal Record, Up to 4 Years in Prison, $5,000 Fine
What is First Degree Offering a False Instrument for Filing?
As a Class E Felony, Offering a False Instrument for Filing in the First Degree carries a potential sentence of up to 4 years in prison, probation, and fines of up to $5,000—even for first-time offenders. This elevated charge includes an additional element: an intent to defraud the state or any state entity. For example, if a person submits false information on an application for government benefits—such as Medicaid or food stamps—intending to deceive the government for personal gain, they can be charged with this offense.
Key Elements of First Degree Offense:
In addition to the requirements of the second-degree offense, the prosecution must show:
- Intent to Defraud: The defendant acted with the intent to deceive or defraud a state agency or entity.
- Submission of False Information: The individual knowingly filed a document with false information.
- Filing with a Public Entity: The false document was submitted to a government body or representative.
Example Scenario:
Imagine a person filing a Medicaid application with altered income details to qualify for benefits they wouldn’t otherwise receive. This false information, filed with the intent to deceive, qualifies as First Degree Offering a False Instrument for Filing. If convicted, the penalties are severe and may include additional charges.
Related Charges
For individuals accused of filing false information to defraud the state, additional criminal charges may apply. They include:
- Grand Larceny: If funds are fraudulently obtained, the individual may be charged with grand larceny based on the dollar amount involved.
- Falsifying Business Records: Tampering with records to support fraudulent claims may lead to these charges.
- Forgery: Creating or using forged documents can add felony charges, escalating sentencing risks.
Each of these charges carries distinct penalties, which can quickly multiply sentencing consequences. Having an attorney who understands the interplay between these charges is essential in building a strong defense.
Protect Your Rights with an Experienced Nassau County Offering a False Instrument for Filing Law Firm
Attorney Ramy M. Louis has over a decade of experience, including serving as a prosecutor in Long Island. He has successfully defended clients charged with Offering a False Instrument for Filing, bringing prosecutorial insights to counter the prosecution’s tactics. With a deep understanding of Long Island court systems, his firm will fight vigorously to protect your rights.
Take the first step toward protecting your future—contact us for a free confidential consultation today.
